Kansas AG Opinions, 1988

ROBERT T. STEPHAN ATTO RNEY GENERAL. January 19, 1988 ATTORNEY GENERAL OPINION NO . 88- Mr. Gary L. Flory McPherson County Counselor P.O. Box 1103 McPherson, Kansas 67460 Re: Cities and Municipalities -- Governmental Organization -- Consolidation of Operations, Procedures and Fun…

The Kansas state board of agriculture may take a position on matters of public policy involving agricultural issues. The method of selecting members to the board as provided in K.S.A. 1987 Supp. 74-502 and 74-503 does not contravene the constitutional equal protection rights of Kansas residents.

The Shawnee county fair association is not an agency of the county. However, it is a governmental entity subject to the Kansas tort claims act and the Kansas open meetings act. In order to qualify for the discretionary recognition granted by the state board of agriculture, the Shawnee county fair association must fulfill the remaining requirements under K.S.A. 2-125 et seq. that are not specifically excepted pursuant to K.S.A. 1987 Supp. 2-158.

Section 7(a)(15) of a 1988 Senate Bill No. 727, amending K.S.A. 1987 Supp. 17-5904 by providing an additional exemption to the corporate farming act, is unconstitutional. It violates Sections 1 and 2 of the Kansas Bill of Rights and the Equal Protection Clause of the 14th Amendment to the United States Constitution in that it establishes an arbitrary classification that does not bear a rational relationship to the purpose of the act.

The local residential housing act, K.S.A. 12-5219 et seq., does not through its provisions authorize participation in a mortgage credit certificate program as established by section 25 of the Internal Revenue Code of 1986, as amended. Neither does the local residential housing act preclude participation in a mortgage credit program. Kansas cities may, therefore, by the exercise of their constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution, join in a mortgage credit program of the type organized by Geary County and Riley County.

The statutes governing Rural Water District No. 2 of Johnson County do not require the district to seek competitive bids on construction projects. For sound policy reasons, however, the district should award such contracts by public bid-letting. If such a system is used, the board may reject the lowest bid if it determines that the bidder is not responsible. The board should not prequalify or pre-screen bidders.

ROBERT T. STEPHAN ATTORNEY GENERAL March 29, 1988 ATTORNEY GENERAL OPINION NO. 88- 44 The Honorable Susan Roenbaugh State Representative One Hundred Fourteenth District State Capitol, Room 170-W Topeka, Kansas 66612 Re: Minors--General Provisions--Consent for Medical Care of Unma…

ROBERT T. STEPHAN ATTORNEY GENERAL March 24, 1988 ATTORNEY GENERAL OPINION NO. 88- 43 W. Newton Male, Commissioner State Banking Department 700 Jackson, Suite 300 Topeka, Kansas 66603-3714 Re: Banks and Banking -- Banking Code; Powers -- Branch Banking; Loan Production Offices Sy…

ROBERT T. STEPHAN March 24, 1988 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 88- 42 Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Counties and County Officers -- Hospitals and Related Facilities -- Tax Levy; Powers of Board Synopsis: Tax revenues,…

Change of ownership of a brand at the supplier's level does not, in and of itself, constitute "reasonable cause" for a supplier to terminate a franchise agreement pursuant to K.S.A. 1987 Supp. 41-410 of the liquor control act.

ROBERT T. STEPHAN ATTORNEY GENERAL March 17, 1988 ATTORNEY GENERAL OPINION NO. 88- 40 William B. Elliott Graham County Attorney 303 West Main Hill City, Kansas 67642 Re: Taxation--Collection and Cancellation of Taxes--Voluntary Transfer of Personal Property Before Tax Paid Synops…

The Metropolitan Topeka Airport Authority is subject to a special assessment for a water main extension project of the city of Topeka. Cited herein: K.S.A. 12-6a01; 27-330. *

The method of selecting board members of hospital districts established under the provisions of K.S.A. 80-2101 et seq. (act repealed L. 1984, ch. 374) may be changed pursuant to K.S.A. 1987 Supp. 80-2508.

Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991.

K.S.A. 12-2905 requires filing of all agreements entered into pursuant to the interlocal cooperation act. However, failure to file such an agreement does not render the contract void or unenforceable when the agreement substantially complies with all other requirements contained in the act and has been subsequently acted upon or partially performed by the parties to the agreement.

A fund established by a corporation to provide funding for the corporation's own business or subsidiary (exclusively) does not constitute a "local seed capital pool," as that term is defined in subsection (c) of K.S.A. 1987 Supp. 74-8401.

The United States Army Corps of Engineers, pursuant to the Rivers and Harbors Act, 33 U.S.C.A. §403, and other federal enactments, has the authority to prohibit dredge and fill or excavation activities on navigable rivers for the purposes of interstate commerce, navigation and conservation. This authority is superior to any interest the state may have in the lands beneath such navigable waters.

ROBERT T. STEPHAN ATTORNEY GENERAL March 11, 1988 ATTORNEY GENERAL OPINION NO. 88- 34 The Honorable Joan Wagnon State Representative, Fifty-Fifth District State Capitol, Room 278-W Topeka, Kansas 66612 Re: Public Health--Emergency Medical Services; Regulation of Ambulance Service…

K.S.A. 33-104 applies to any governmental or private possessor, who is not otherwise precluded, seeking to establish ownership of and title to unclaimed goods and chattels.

ROBERT T. STEPHAN ATTORNEY GENERAL. March 8, 1988 ATTORNEY GENERAL OPINION NO. 88- 32 The Honorable Jack E. Beauchamp State Representative, Fourteenth District State Capitol, Room 174-W Topeka, Kansas 66612 Re: State Boards, Commissions and Authorities--State Board of Technical P…

ROBERT T. STEPHAN ATTORNEY GENERAL March 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 31 Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Counties and County Officers -- Hospitals and Related Facilities -- County Hospitals; Deposit of Hospital Moneys; Fina…

The assessment by a cable television company of a reasonable late payment charge which reflects the cost of collection of delinquent accounts is not "interest" pursuant to K.S.A. 16-201 et !2.1., nor is it a "finance charge" as defined by K.S.A. 1987 Supp. 16a-1-301(18) of the uniform consumer credit code. This conclusion assumes that actual efforts to collect are undertaken and the delinquent subscribers are not given alternative options for payment.

ROBERT T. STEPHAN ATTORNEY GENERAL. January 8, 1988 ATTORNEY GENERAL OPINION NO. 88-3 The Honorable Alfred G. Schroeder Kansas Racing Commission 128 N. Kansas Avenue Topeka, Kansas 66603 Re: Laws, Journals and Public Information -- Records Open to Public -- Kansas Racing Commissi…

The definition of the term "dealer," as found in K.S.A. 1987 Supp. 79-5201 (taxation of marijuana and controlled substances), does not create a presumption that one in possession of more than 28 grams of marijuana in a conveyance is "using or intends to use" that conveyance "to transport or facilitate the transportation for the purpose of sale or receipt", of that marijuana as it applies to forfeiture of conveyances pursuant to the Uniform Controlled Substances Act.

K.S.A. 65-4041(A) does not require the county attorney who represented the applicant in the initial filing to continue that representation after a change of venue has been granted. However, K.S.A. 65-4041 and 65-4053 allow the district court to which venue has been changed to tax the costs of the proceeding to the county of residence. Cited herein: K.S.A. 1987 Supp. 19-702; 19-703; K.S.A. 22-2616; K.S.A. 1987 Supp. 59-2912; K.S.A. 60-609; 61-1907; 65-4031; 65-4032; 65-4034; 65-4036; 65-4041; 65-4053.

A private, nonprofit corporation is subject to the Kansas open meetings act if it receives public funds in its operations and acts as a governmental agency in providing services to the public. As Handicapped Education and Living Programs, Inc. meets both requirements, it is our opinion that the board of directors of this organization is subject to the act.

ROBERT T. STEPHAN ATTORNEY GENERAL February 25, 1988 ATTORNEY GENERAL OPINION NO. 88- 26 The Honorable J.C. Long State Representative, One Hundredth District State Capitol, Room 174-W Topeka, Kansas 66612 Re: Banks and Banking -- Banking Code; Dissolution; Insolvency -- Definitio…

The Mayor's Commission on Governmental Efficiency is subject to the provisions of the Kansas open meetings act as it is a subordinate body of the city's governing body. Discussions concerning consolidation of departments and the addition or elimination of job functions or positions may not be held in executive session under the "personnel matters" exception.

The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion.

ROBERT T. STEPHAN ATTORNEY GENERAL February 19, 1988 ATTORNEY GENERAL OPINION NO. 88- 23 Charles H. Apt City Attorney P.O. Box 308 Iola, Kansas 66749 Re: Automobiles and Other Vehicles--Drivers' Licenses; Motor Vehicle Drivers' License Act--Driving While License Canceled, Suspend…

ROBERT T. STEPHAN ATTORNEY GENERAL February 17, 1988 ATTORNEY GENERAL OPINION NO. 88- 22 Stanley C. Grant, Ph.D. Secretary Kansas Department of Health and Environment Landon State Office Building 900 SW Jackson Topeka, Kansas 66620-0001 Re : Public Health -- Healing Arts; Kansas …

When a minor fourteen years of age or older makes application for voluntary admittance to a mental health care facility, the head of the facility or his designee must promptly notify the minor's parent or other person in loco parentis, even over the objection of the minor. The statutes do not require that a parent give consent prior to admission or treatment.

In preparing the annual report prescribed by K.S.A. 1987 Supp. 24-1211, the board of directors of a watershed district must separately evaluate each of the district's projects in regard to the public interest and make a determination relative thereto. Additionally, in determining whether a project is in the public interest, the board is to consider the interest of all persons in the district.

Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute.

K.S.A. 1987 Supp. 65-204(d) excepts from the aggregate tax levy limitations contained in K.S.A. 79-5001 to 79-5016 any tax levy increase over previous levies, i.e. those authorized prior to the 1986 amendment to K.S.A. 65-204. Cited herein: K.S.A. 1987 Supp. 65-204(d); K.S.A. 79-5001; 79-5016; 79-5017; K.S.A. 1987 Supp. 79-5037.

K.S.A. 19-822 requires counties to furnish uniforms for the county sheriff and his deputies. K.S.A. 19-823 mandates that, in counties of less than 200,000 population, the county pay an additional ten dollars per month allowance for uniform expenses. The provisions of the two statutes should be read together and not as alternatives.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 28, 1988 ATTORNEY GENERAL OPINION NO. 88-175 Ms. Constance M. Achterberg Saline County Counselor 118'S. 7th Street P.O. Box 1697 Salina, Kansas 67402 Mr. Joseph O'Sullivan Reno County Counselor 315 W. 1st St. P.0.Box 2066 Hutchinson,Ka…

K.S.A. 38-1202 and K.S.A. 1987 Supp. 59-2278b do not require a pregnant woman who is not a Kansas resident, but whose child is born in Kansas, to comply with the procedures of the interstate compact on placement of children.

ROBERT T. STEPHAN ATTORNEY GENERAL December 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 173 Mr. Ronald S. Reuter Roeland Park City Attorney P.O. Box 7933 Overland Park, Kansas 66207 Re: Cities of the Second Class--Elections--Elective and Appointive Officers; Terms; Compensation Syn…

A person with a Ph.D. in psychology who is eligible for licensure is not required to be a licensed psychologist or a registered masters level psychologist (RMLP) if that person teaches psychology for a state university or college. However, a person hired by a state university or college to provide psychological services to students, or whose duties include providing such services, must be either a licensed psychologist or an RMLP.

ROBERT T. STEPHAN ATTORNEY GENERAL December 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 171 The Honorable Herbert W. Walton District Judge, Division No. 1 Johnson County Courthouse Olathe, Kansas 66061 Re: Counties and County Officers -- County Commissioners -- Powers and Duties; B…

Exception number three exempts farmland acquired by a corporation in the acreage as is necessary for the operation of a nonfarming business from the general prohibition against corporate ownership of agricultural land found in K.S.A. 1987 Supp. 17-5904(a). For reasons discussed herein, the acquisition of the land in question is not essential to Hancock's business of lending and finance and thus cannot be acquired under this exemption.

Moneys in a special alcohol and drug programs fund established pursuant to K.S.A. 1987 Supp. 79-41a04 may not be used to finance drug law enforcement operations.

Opticians may fit contact lenses pursuant to a prescription when the fitting does not directly relate to the aiding of any insufficiencies or abnormal conditions of the eye after or by examination or testing.

County hospital board members which are selected by the election method begin their official duties on the second Monday in January next following the election. The newly elected members must take the oath prescribed by law within ten days after the election. While taking the oath is a prerequisite to assuming the duties of the office, failure to accomplish the task within the ten day period does not create a vacancy.

Pursuant to K.S.A. 1987 Supp. 75-4907(a), the public broadcast commission's powers and duties to provide "coordination and information" relate to public television and radio broadcasting, and not all telecommunications matters.